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Parr Richey Frandsen Patterson Kruse LLP Legal Blog

FERC Legal — Arkansas Public Service Commission v. Federal Energy Regulatory Commission US Court of Appeals for District of Columbia Circuit No. 16-1305 (Argued 1/19/18)

| Sep 17, 2018 | ,

On June 1, 2018, the U.S. Court of Appeals for the D.C. Circuit declined to review an order issued by the Federal Energy Regulatory Commission (“FERC”) holding that an operating company that withdrew from a “multi-state energy system” had to continue sharing benefits from a settlement with the other system members, even after it withdrew from the system. In 1951,…

NIPSCO Industrial Group v. Northern Indiana Public Service Co., 100 N.E.3d 234 (Ind. 2018)

| Sep 6, 2018 |

On June 20, 2018, the Indiana Supreme Court upheld a narrow interpretation of the Transmission, Distribution and Storage System Improvement Charge (“TDSIC”) statute, which allows utility companies to seek approval from the Indiana Utilities Regulatory Commission (“IURC”) for specific transmission, distribution and storage system improvements and to raise rates periodically to recover the costs of the improvements as they are…

INDIANA SUPREME COURT HOLDS IURC IS A PROPER PARTY TO APPEALS OF IURC ORDERS

| Jul 16, 2018 | ,

On June 27, 2018, the Indiana Supreme Court issued an opinion establishing that the Indiana Utility Regulatory Commission (“Commission”) is a proper party to an appeal of a Commission order. Hamilton Se. Utils., Inc. v. Indiana Util. Reg. Comm’n, No. 93A02-1612-EX-2742, 2018 Ind. LEXIS 496, at *1-12 (Ind. June 27, 2018).  Interestingly, the Commission had participated as a party in…

Parr Richey Attorney Mike Schultz to present at upcoming seminar, “Insurance Coverage Litigation: Secrets Insurance Companies Don’t Want Attorneys to Know”

| Jun 12, 2018 | , ,

On July 13, 2018, Parr Richey attorney Mike Schultz will speak on “Strategies Used to Delay/Deny Claims” and “Bad Faith and Breach of Contract Litigation” at an NBI continuing legal education seminar in Indianapolis. Mr. Schultz is part of a distinguished panel of attorneys who regularly engage in insurance coverage litigation. The seminar, which is presented by the National Business…

FERC Legal – FERC Determination in Docket No. EC17-131-000

| Apr 3, 2018 |

In June 2017, Florida Power and Light (“FPL”), a rate-regulated electric utility, filed an application with FERC requesting authorization to transfer its ownership interests in substation equipment and other assets to JEA, the largest community-owned electric utility in Florida. FERC dismissed FPL’s application for lack of jurisdiction. The net book value of the retained assets to be given to JEA…

SUPREME COURT HOLDS POST-RETIREMENT BENEFITS PROVIDED BY A LABOR CONTRACT DID NOT VEST FOR LIFE

| Mar 13, 2018 |

On February 20, 2018, the U.S. Supreme Court in CNH Industrial v. Reese rejected the Sixth Circuit’s approach to interpreting collective bargaining agreements (“CBA”), instead affirming that courts must interpret such agreements in accordance with ordinary principles of contract law.  The Court held the only reasonable interpretation of the CBA was that post-retirement health care benefits offered under the CBA…

Allco Renewable Energy, Ltd. v. Mass. Elec. Co.

| Jan 8, 2018 | ,

The First Circuit Court of Appeals recently issued an opinion finding that the Public Utility Regulatory Policies Act (“PURPA”) does not authorize lawsuits between cogeneration facilities and electric utilities because there is no express or implied private right of action in the statutory language. Allco Renewable Energy, Ltd. V. Mass. Elec. Co., 875 F.3d 64 (1st Cir. 2017). PURPA was…

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